Please read these Terms of Use and Service (collectively with Podia’s Terms of Service, Podia's Privacy Policy, Google's Terms of Service, and Google's Privacy Policy.
Terms of Use & Service: Products or Services Offered by Stone Counseling & Consulting Services, LLC
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser (hereinafter “Client”) agree and willingly purchase access to products/content and/or entry into program/services, to be provided with services rendered by Rebecca Stone, acting as part of Stone Counseling & Consulting Services, LLC, a Florida Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, inclusive of the following terms and conditions mutually agreed upon:
For the advertised cost outlined on the product/service sales page, Client has agreed to purchase the specific products or services (hereinafter “Program”) outlined on the sales page. In exchange, Coach agrees to provide the products or services outlined in the Program Sales Page.
1. Program Outline:
A. Client agrees and understands that he/she is purchasing Coach’s Program.
B. Client acknowledges that he/she has read the Program details included on the Program sales page and has conducted any additional research necessary to feel he/she understands what is being provided as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
2. Confidentiality
A. Coach respects each client’s privacy, and will not reveal anything said by Client in coaching sessions without prior written consent from Client, other than in the following scenarios:
i. Suspected abuse to another individual or self, with your written permission, fee or contractual dispute, unintentional breach due to electronic or online communication (including but not limited to e-mail, Facebook messenger, Instagram direct messaging, WhatsApp), and phone and video recorded sessions.
B. This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information they may learn about either party during discussions, coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, financial information, coaching strategies, exercises, or other methodologies Client learns as a result of working with Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by Coach, and any and all other intellectual property (discussed below.) Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Coach’s program, and agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program. Client agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise.
C. Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Coach shall survive the expiration of this Agreement and Coach’s services. This means Client and Coach both agree to continue to keep Confidential Information private, even after the completion of working with Coach.
D. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Program, Client understands additional action may be taken by Coach up to and including legal action.
E. If any services within Program include sessions via phone, Skype, or any other form of online video or audio session, Client understands the risks and potential consequences of such sessions, including but not limited to the possibility that the transmission of information could be distorted, interrupted, or accessed by unauthorized persons. Client gives his/her informed consent to engage in phone or online video sessions as part of his/her product package.
F. Recording or AI Use Policy: To help protect clients/consumers/participants, the Coach, the group environment, and any other effected parties, the use of electronic transmission devices, recording devices, and/or artificial intelligence (AI) tools to capture, record, or scribe audio or video of meetings, conversations, or other interactions is prohibited. The only exception to this is when Coach offers a live event, such as a webinar or training program, that is transcribed for accessibility purposes. In such cases, Coach will be the only person permitted to record and store this information for distribution to those who need accessible transcriptions, and advanced notice of transcription is announced at the start of the program. Violations of this policy may result in removal from the Program/Product without refund and may result in legal action being taken as appropriate. Client understands if he/she violates this provision, he or she may be liable to the third-party group member or other parties who are affected for infringement. Client will hold Coach harmless from any such third-party action taken against Client or other Clients for such infringement or disclosure in cases where other Clients do not follow this policy.
G. Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.
3. Testimonials
A. Client may voluntarily provide a testimonial and/or Coach may request Client provide a testimonial to be published on Coach’s website, social media, or on various sales materials for this or another Program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
B. If Client provides Coach with a testimonial, Client understands the material, along with a name, photo, likeness, or other identifying information of Client, will likely be published on Coach’s website or otherwise.
C. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach, as well as its affiliates, employees, agents, assignors, transferees, licensees, or any other individual or party designed by Stone Counseling & Consulting Services, LLC the unlimited, irrevocable right to use, copy, publish, distribute, edit, or repurpose in commerce, or for any other lawful purpose, any information provided to Coach as part of a Testimonial.
D. Client agrees to not seek any payment or make any claim against Coach or Stone Counseling & Consulting Services, LLC for use of Client’s testimony and waives any right to approve the finished testimony wherein Client’s photograph, likeness, or words appear.
E. Client agrees to hold harmless and release Coach, Stone Counseling & Consulting Services, LLC, as well as its affiliates, employees, agents, assignors, transferees, licensees, or any other individual or party designed by Stone Counseling & Consulting Services, LLC from any causes of action, claims, or demands which Client or anyone else acting on Client’s behalf by way of this agreement.
4. Payment and Payment Plans
A. Client understands the cost of the Program, as advertised on the Program sales page, is payable up front, in full, or per any advertised payment plan. Client agrees to render payment using Debit/Credit Card payment via Stripe. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full. Absent an agreement regarding a payment plan with Coach, Client must complete payment in full before becoming entitled to any products or services included within Program.
B. If Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained on Coach’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) access to the Program may be revoked/forfeited if payment is not made within four days of the date it is due, and (2) Client will owe a $30 late fee if he/she has not made the appropriate payment after the seven day grace period.
C. If Client and Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.
5. Refund Policy
A. Due to the subjective nature of the Program provided by Coach, and Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Coach is not able to offer refunds once Client has purchased the program. All purchases are final.
B. If, however, Coach is somehow unable to provide services as outlined on sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion.
6. Medical Disclaimer – Not Medical or Professional Advice
A. The purpose and goal of Program is to provide informational, educational, self-help, coaching services, or similar as outlined in the Program sales page. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. Client understands and agree that while Coach is a licensed mental health counselor and qualified supervisor in the state of Florida (MH13264) and have been trained and educated to provide mental health counseling and supervision services, Program offers coaching services only, separate and apart from Coach’s professional practice. There are no counseling, supervision, or therapy-based elements to Program, and is not meant for those who are in need of (or think they may be in need of) counseling or therapy services. Client’s enrollment into Program does not make him/her Coach’s patient, and no therapist-patient relationship is being formed. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a licensed mental health counselor or similar in your geographical area. Program is not intended to be a substitute for medical treatment, therapy/counseling, or formal supervision nor is Program designed to provide Client with a medical diagnosis, treatment, supervision, or other medical services. Client understands and agrees Program is not providing any medical advice, is not providing any counseling, therapy, or supervision services, is not a substitute to Client seeking personalized therapy or formal supervision for his/herself, nor is it attempting to diagnose or treat any mental or physical medical conditions.
B. Coach encourages Client to consult a physician and/or a licensed therapist if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Program will have previously obtained clearance and permission from their applicable personal medical physician or therapist and has concluded that the coaching Program offered is right for them. Nothing contained within Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
7. Discontinuation of Program
A. Program does not provide any medical advice, treatment, counseling/therapy, or formal supervision services to Client. If at any point during Program, Coach believes Client to be in need of therapy treatment, other counseling services, or formal supervision services, Coach will advise Client of this, and offer to provide a referral to a licensed professional, if Coach knows of one in Client’s geographical area. Client has the right to refuse this referral and ignore the recommendation; however, Client may be asked to discontinue use of Program for his/own well-being, until such treatment can be provided. Should Client wish to disregard Coach’s recommendation and wish to continue with Program, Client agrees to sign an additional waiver confirming this information.
B. If Client has not completed Program at the time of discontinuation, any decisions regarding partial refunds are the sole decision of Coach, and may or may not be offered.
8. Voluntary Participation
A. Client understands Coach is providing general information, education, self-help, coaching services, peer support, or similar as outlined in the Program sales page. Client understands such information does not constitute nor is it a substitute for medical, legal, professional, or ethical advice. Coach encourages Client to consult his or her own physician, professional ethics committee, attorney, liability insurance carrier, and/or other relevant professional prior to implementation into personal or professional practice. Should Client fail to consult such professional and incurs liability for misuse or misapplication in, personal, professional, clinical, or administrative practice, Client acknowledges the risks associated therewith, and understands and agrees Coach is not to be held responsible or liable for any liability Client incurs. Client agrees not to treat Program or Coach’s information as legal, medical, professional, or ethical advice, and agrees to seek his or her own personal advice prior to implementing anything taught by Coach in Program.
B. Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in her services and that Program is able to help many people, you acknowledge and agree that Coach/Stone Counseling & Consulting Services, LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.
9. Disclaimer / No Guarantees
A. Client understands that he or she must actively participate in the full Program in order to see any potential results; however, results are not guaranteed. While many of Coach’s past and current clients have experienced wonderful benefits from the Program, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Program harmless if he or she does not experience the desired results.
B. Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.
C. Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Coach on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of the Program.
D. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
E. Client agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Coach on his/her website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.
10. Waiver/Assumption of the Risk
A. Client understands he/she is entering into a Program for the purpose of achieving a desired health, fitness, professional, or personal goal through Coach’s Program. Client confirms he/she is entering into this Program voluntarily and of his/her own free will.
B. Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related program with Coach. If Client elects not to obtain this medical clearance prior to beginning Program, he/she understands the potential ramifications of such actions and agrees not to hold Coach responsible for any such injuries or negative consequences.
C. Client understands Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with Coach’s Program. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
11. Intellectual Property
A. Client agrees and understands that Coach has created numerous original, creative works in connection with the Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach; post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
ii. Claim any content created by Coach as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own; share purchased materials, information, content with others who have not purchased them.
iii. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
12. Indemnification
A. Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
13. Dispute Resolution
A. Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
B. If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Winter Springs, FL within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
14. Applicable Law
A. This Agreement shall be governed by and under control of the laws of Florida regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Florida are to be applicable here.
15. Amendments
A. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party.
Client has carefully read this Program sales page and Terms of Use and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERTYHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach reserves the right to edit or remove content within Program which are no longer accurate or relevant. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Terms of Use without express written consent of both parties.
By completing the online purchase and being charged the amount shown on the Program sales page, Client confirms he/she has reviewed this Terms of Use, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.